Workplace Relations Amendment Regulations 2006 (No. 1) (Cth)

Workplace Relations Amendment Regulations 2006 (No. 1)¹

Select Legislative Instrument 2006 No. 68

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Workplace Relations Act 1996.

Dated 30 March 2006

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

KEVIN ANDREWS

Minister for Employment and Workplace Relations

Name of Regulations

These Regulations are the Workplace Relations Amendment Regulations 2006 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Workplace Relations Regulations 2006

Schedule 1 amends the Workplace Relations Regulations 2006.

Schedule 1 Amendments

(regulation 3)

[1] Chapter 2, Part 4, regulation 4.11

substitute

4.11Application of the Criminal Code

Unless the contrary intention appears in the Act or these Regulations, Chapter 2 of the Criminal Code (other than section 13.2 and Part 2.7) applies to civil penalties in this Part as if those penalties were offences.

[2] Chapter 2, Part 7, paragraph 7.1 (3) (a)

omit

a workplace agreement or contract of employment

insert

a workplace agreement or a written contract of employment

[3] Chapter 2, Part 7, subregulation 7.1 (3), example, second paragraph

after

the employer and employee have agreed

insert

, in writing,

[4] Chapter 2, Part 7, paragraph 7.1 (4) (a)

omit

a workplace agreement or contract of employment

insert

a workplace agreement or a written contract of employment

[5] Chapter 2, Part 7, paragraph 7.1 (5) (a)

omit

a workplace agreement or contract of employment

insert

a workplace agreement or a written contract of employment

[6] Chapter 2, Part 8, subregulation 8.13 (1)

omit

an employer must ensure that a workplace agreement includes the signatures of:

insert

an employer must obtain the signatures of:

[7] Chapter 2, Part 8, after subregulation 8.13 (4)

insert

(4A)It is a defence to a contravention of subregulation (1) that the workplace agreement:

(a)is a collective agreement; and

(b)does not include the signature of a person (other than the employer) because of the person’s failure or refusal to sign the agreement.

[8] Chapter 2, Part 8 subregulation 8.14 (2)

omit both mentions of

signed

[9] Chapter 2, Part 8, after subregulation 8.14 (4)

insert

(5)It is a defence to a contravention of subregulation (1) that the workplace agreement:

(a)is a collective agreement; and

(b)does not include the signature of a person (other than the employer) because of the person’s failure or refusal to sign the agreement.

[10] Chapter 2, Part 8, regulation 8.15

substitute

8.15Application of the Criminal Code

Unless the contrary intention appears in the Act or these Regulations, Chapter 2 of the Criminal Code (other than section 13.2 and Part 2.7) applies to civil penalties in this Part as if those penalties were offences.

[11] Chapter 2, Part 9, regulation 9.26

substitute

9.26Application of the Criminal Code

Unless the contrary intention appears in the Act or these Regulations, Chapter 2 of the Criminal Code (other than section 13.2 and Part 2.7) applies to civil penalties in this Part as if those penalties were offences.

[12] Chapter 2, Part 19, regulation 19.3

substitute

19.3Application of the Criminal Code

Unless the contrary intention appears in the Act or these Regulations, Chapter 2 of the Criminal Code (other than section 13.2 and Part 2.7) applies to civil penalties in this Part as if those penalties were offences.

[13] Chapter 8, regulation 1.3

substitute

1.3Application of the Criminal Code

Unless the contrary intention appears in the Act or these Regulations, Chapter 2 of the Criminal Code (other than section 13.2 and Part 2.7) applies to civil penalties in this Part as if those penalties were offences.

[14] Schedule 8, title

substitute

Schedule 8 Further provisions — amendments of the Act relating to definitions

(Chapter 4, item 1.1)

[15] Schedule 8, Part 1, item [3], inserted paragraphs 2 (2) (f) to (t)

substitute

(f)paragraph 100 (6) (d);

(g)paragraph 100 (8) (a);

(h)paragraph 100 (8) (b);

(i)paragraph 100 (11) (a);

(j)paragraph 100 (11) (b);

(k)paragraph 100 (11) (c);

(l)paragraph 100 (11) (d);

(m)paragraph 151 (1) (b);

(n)paragraph 151 (1) (c);

(o)paragraph 151 (1) (f);

(p)section 178, definition of pre‑reform State wage instrument, subparagraph (b) (ii);

(q)section 178, definition of pre‑reform Territory wage instrument, subparagraph (a) (ii);

(r)paragraph 513 (1) (e);

(s)section 518;

(t)Schedule 8, paragraph 3 (b), the second reference to employee, but not the first reference to employee;

(u)Schedule 8, paragraph 10 (b), the reference to employees but not the reference to employee.

[16] Schedule 8, Part 2, item [6], inserted paragraphs 3 (2) (d) and (e)

substitute

(d)paragraph 43 (1) (c);

(e)subparagraph 64 (2) (b) (i);

[17] Schedule 8, Part 3, item [9], inserted paragraph 4 (2) (p)

substitute

(p)subsection 515 (4), definition of labour hire agency;

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See